Nebraska Supreme Court allows competing abortion measures on ballot

Nebraska law prohibits abortion after 12 weeks, with some exceptions. One measure would undo that law, the other would codify it in the state’s Constitution.

The Nebraska Supreme Court ruled Friday that dueling constitutional amendments can appear on state ballots this fall.

One of the ballot measures, known as “Protect the Right to Abortion,” would amend the state’s Constitution and stipulate that “all persons shall have a fundamental right to abortion until fetal viability, or when needed to protect the life or health of the pregnant patient.”

The other, called “Protect Women and Children,” would ban abortions in the second and third trimesters, except in the case of a medical emergency or when the pregnancy is a result of sexual assault or incest.

Nebraska law prohibits abortion after 12 weeks of pregnancy, with exceptions for rape, incest and saving the mother’s life. The pro-abortion rights measure would effectively undo that law, while the other measure would essentially codify it in the state’s Constitution.

Abortion rights opponents had argued in a pair of lawsuits that the amendment to expand abortion rights violated a state rule that says a ballot proposal must only address one subject.

https://www.nbcnews.com/politics/2024-election/nebraska-supreme-court-allows-competing-abortion-measures-ballot-rcna171116


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